It was noted previously last month, later on, that Apple had started letting Australian retailers of the Samsung Galaxy Tab 10.1 and the injunction, that would disallow the device to be sold in Australia entirely. The notice that Apple gave would be making it easier for the company to specifically target retailers with the seperate suits.
dMavo's note of defiance on its Galaxy Tab 10.1 order page (Note has been removed since this weekend)
As reported by The Sydney Morning Herald, there is at least one retailer that is preparing to put up a fight against Apple concerning the Samsung Galaxy Tab 10.1, which is the signs if the beginning of the game of Cat & Mouse.
At least one, dMavo, said it had created a separate entity in Europe to place it outside the jurisdiction of Australian courts, with the tablets delivered to customers from Asia.
“We have a new entity established and a separate server – just to deal with the tablet orders – that is undergoing testing as of last Saturday,” dMavo managing director Wojtek Czarnocki said.
“Was Apple just bluffing or do they really want to play the cat and mouse game? We’re up for it.”
It is noted by Czamocki that these changes are imposing a very small cost for the company which is opening the door for a sales flood, with the injunction of Samsung going on, still blocking sales of the tablet going on any where else. dMavo has indeed been experiencing problems with their servers over the past few days, which is in the interest of the company’s refusal of stopping the sales of the tablet.
The patent attorney that was consulted by The Sydney Morning Herald has suggested that dMavo has opened theirselves up to a even higher risk with their decision, which shows a huge defiance against the injunction that is in effect. If dMavo’s profit of the Galaxy Tab shows that it’s going back to Australia in a way that they are connecting with other retailers, the retailer could be held liable for the infringement aswell.
[Patent specialist Mark] Summerfield said Apple might now be compelled to take action to avoid appearing weak. He said Australian judges would not look kindly on dMavo’s attempts to bypass the injunction and “are almost obliged to find some way to punish it to ensure that the courts retain their authority”.
For dMavo’s part, the retailer is banking on November 25th’s court date of Samsung’s appeal of the injunction, will be in hopes that that samsung will win this case and have the injunction removed before Apple can make a move on dMavo.